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You are well advised to keep an eye on the legal decision-making parameters in every business transaction. The prerequisites for this are economic know-how and in-depth industry experience. Our member companies receive the necessary legal input - individually and tailored for mechanical engineering.

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Newsletter Law

The monthly legal update for the mechanical engineering industry - exclusively for member companies

Implementing supply chain due diligence law in contracts

Due to the great interest in our first event on this topic on 11.10.2022, we are offering an additional online event on 06 December 2022 from 10:00 - 14:00.

The EU Parliament's draft report must be amended

In November, the EU Parliament published the draft report on corporate sustainability obligations. The draft goes even further than the EU Commission's proposal. The VDMA is calling for this to be changed.

Collective bargaining round: Pilot agreement in Baden-Württemberg

Employers in Baden-Württemberg reached an agreement with IG Metall on 18 November 2022, on a pilot agreement for the current round of collective bargaining in the metal and electrical industry.

Incapacity for work: Sick leave by telephone remains possible

With its decision of 17 November 2022, the Federal Joint Committee (G-BA) decided to extend the option of determining incapacity to work by telephone until 31 March 2023.

Mechanical and plant engineering: engineers sought like never before

The number of vacancies for engineers in the mechanical engineering sector has reached a new high and demand will continue to grow. Currently, two out of three companies have engineering vacancies to fill.

Termination of contract with energy supplier without notice invalid

The significant increase in energy prices caused by the war in Ukraine does not entitle an energy supplier to terminate an energy supply contract with a commercial customer without notice pursuant to Sections 313 and 314 of the German Civil Code.

Temporary change of the concept of over-indebtedness as of 01.01.2023

On 20.10.2022 the Bundestag approved in its session the draft law for the abolition of the register of property rights and decided in this also the adjustments in the insolvency law.

Legal requirements for the introduction of a whistleblower system

The Whistleblower Protection Act (HinSchG) is expected to come into force next year - with far-reaching consequences also for small and medium-sized mechanical and plant engineering companies in NRW.

Agreement in an exceptionally difficult environment

In an exceptionally difficult environment, the collective bargaining round in the metal and electrical industry produced an acceptable result. The differentiation options, the 24-month term and the step-by-step increase give companies a degree of planning certainty.

FAQ on the practical handling of the German Packaging Act in the mechanical engineering industry

The updated German Packaging Act came into force on July 03, 2021 and contains new obligations that also apply to mechanical engineering companies that generally place non-system packaging on the market.

Obligations arising from the German Packaging Act also affect the mechanical engineering sector.

In order to implement the European requirements from the Single-Use Plastics Directive and the amended Waste Directive, the German Packaging Act, which has been in force since 01.01.2019, has been adapted.

Wave of warnings in connection with the use of "Google Fonts

How to deal with a warning letter due to the use of "Google Fonts"?

BQ-Portal: The portal for foreign professional qualifications

The information portal for foreign professional qualifications (BQ-Portal) bundles all relevant information on foreign professional qualifications and vocational training systems on one platform.

Pilot project: Hand in Hand for International Talents

With "Hand in Hand for International Talents", an ideal-typical immigration process for foreign specialists with vocational training is to be developed and tested.

Offers for companies, applicants

The network of the Federal Employment Agency also plays a central role in the placement of skilled workers from abroad.

Make it in Germany - the portal for skilled workers from abroad

Make it in Germany is the Federal Government's multilingual portal for skilled workers from abroad.

BAFA handout on the complaints procedure

BAFA now also publishes a handout on the complaint procedure under the Supply Chain Sourcing Obligations Act (LkSG).

Forecast period shortened in case of over-indebtedness

On 20.10.2022, the Bundestag approved in its session the draft law on the abolition of the register of matrimonial property rights and herein also decided on adjustments to insolvency law.

Supporting documents for the ZVEI-VDMA Code of Conduct

Here you will find accompanying documents to support you in implementing the contents (compliance and sustainability topics) described in the ZVEI-VDMA Code of Conduct in your company.

No short-time allowance due to rising energy costs

Companies that have to cut back production due to the sharp rise in energy costs cannot base an application for short-time allowance on this.

On the concept of the quasi-manufacturer

Trademark owners and distributors beware! The ECJ interprets the term "quasi-manufacturer" broadly and thus increases liability risks for the latter.

The right visa - Traveling professionally in Kenya

With the introduction of the electronic visa process, the consular sections of Kenyan embassies have relinquished their responsibility for issuing visas.

Reporting obligation according to LkSG

BAFA publishes questionnaire on reporting obligation under the Supply Chain Sourcing Obligations Act (LkSG)

The right visa - Traveling professionally in South Africa

Short-term business trips are possible without a visa, but a visa is required for assemblers and service assignments.

The transfer of personal data to the USA

US President Biden brought forward on 7 October 2022 a new data privacy agreement with the EU through an Executive Order.

Laws requiring posting: New version published

Due to various changes in the laws requiring the posting of notices, an updated print edition of the laws requiring the posting of notices 2022 has been published by GDA's publishing house.

Skilled labour strategy: Policymakers must now follow up with action

On 12 October 2022 the German government published its new skilled labor strategy.

SARS-CoV-2 Occupational Health and Safety Regulation: new FAQs from the BMAS

The German Federal Ministry of Labor and Social Affairs (BMAS) recently published and updated FAQs on the new SARS-CoV-2 Occupational Health and Safety Regulation.

Current directives of the Federal Employment Agency

In September 2022 it was decided to extend individual special regulations for the receipt of short-time allowance.

EU Data Act and industrial data: More risks than opportunities?

The Data Act reshuffles the cards for the data economy by proposing new rules for access to operational data. For manufacturers of connected machines, the Act creates both difficulties and opportunities.

The EU updates and harmonizes liability rules

The EU-Commission proposed on 28 September 2022 a revision of the existing Product Liability Directive and a new AI Liability Directive. What are the main elements of these proposals?

2nd Edition: Legal Issues Ukraine War and Russia Crisis

The VDMA Legal Department is providing a new edition of the publication on current legal issues in connection with the war in Ukraine and the crisis with Russia exclusively for members.

Preclusion period of § 626 BGB in case of compliance investigation

The two-week period under Section 626 (2) of the German Civil Code (Bürgerliches Gesetzbuch - BGB) regularly does not begin to run until a report by the compliance department is forwarded to the departments within the company authorized to give notice.

New rules must not undermine technological innovations

The planned new EU liability rules for artificial intelligence (AI) and the revision of the Product Liability Directive threaten to undermine legal certainty for technological innovations. New liability rules for AI must be limited to very specific and high-risk use cases.

Short-time work: special regulations extended once again

On 14 September 2022 the German Cabinet approved the ordinance amending the short-time work allowance access ordinance.

Karlsruhe Higher Regional Court rules on third-country transfers

Third-country transfers still possible. Karlsruhe Higher Regional Court provides clarity.

Working time must be recorded with immediate effect

A bang from Erfurt: According to the Federal Labor Court, employers are obliged to record the working hours of their employees.

UK: "London Bridge is down"

On Thursday, September 8, 2022, Queen Elizabeth II passed away in Balmoral, Scotland. Her successor King Charles III and the new British Prime Minister Mary Elizabeth Truss face major challenges. What is the situation in mechanical engineering?

Corona: New SARS-CoV-2 occupational health and safety regulation

In its cabinet meeting on 31.08.22, the Federal Cabinet approved a significantly weakened draft of a new SARS-CoV-2 Occupational Health and Safety Ordinance.

Corona: No obligation for home office

Even with the new version of the SARS-CoV-2 occupational health and safety regulation, which comes into force on 01.10.2022, there will be no obligation to offer home office.

Erfa on the implementation of the Whistleblower Protection Act

Since 27.07.22 the government draft of the Whistleblower Protection Act is now available. Companies should start with the introduction of a whistleblower system.

BAFA handout on risk analysis

BAFA publishes first handout on the implementation of the Supply Chain Segregation Obligations Act (LkSG).

Register for a data law event

EurActiv, together with VDMA, is organizing an online event on "How to ensure fair industrial data-sharing terms in the framework of the EU Data Act?" on 13 October 2022.

Money Laundering Prevention in Germany

FATF publishes audit report on Germany's progress in combating money laundering and terrorist financing.

New Corona occupational health and safety ordinance is unnecessary

From October 2022, the BMAS wants to reintroduce mandatory requirements for infection control in companies. However, the VDMA considers the move to be superfluous.

Corporate integration management: Changes planned

The Federal Ministry of Labor and Social Affairs (BMAS) is planning to revise the law on occupational integration management (BEM) in SGB IX.

Marginal employment: New guidelines published

The GKV-Spitzenverband, the Deutsche Rentenversicherung Bund and the Bundesagentur für Arbeit have revised the guidelines for the assessment of marginal employment under insurance law (marginal employment guidelines).

Price development: Keep an overview!

The situation in most mechanical engineering companies is currently characterized by the tense situation with materials and preliminary products. Not only disrupted supply chains are causing problems, but also the sharp rise in prices.

Meaning of the price escalation clause

Is a price escalator clause part of a tender? According to the VK Thuringia, this is generally the case.

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VDMA Infoportal Ukraine War
The machinery and plant engineering sector condemns the Russian invasion of Ukraine in the strongest possible terms. The VDMA will support its member companies in word and deed in order to master the many challenges that are now arising.
Labor law
Whether it be short-time work, service contracts, working shifts or home office, the parameters for modern work and flexible crisis measures are changing continuously.
Labor Market
Competitiveness, growth and job security require adaptability, value creation based on the division of labour and a flexible labour market. Digitalisation requires modern framework conditions for Work 4.0.
GTC reform
Companies depend on legally secure contractual regulations. The restrictive application of German law on general terms and conditions (GTC) prevents this - resulting in great legal uncertainty and liability risks.
Brexit
The transitional arrangement between the EU and the UK expired at the end of December 2020. There will certainly be changes concerning trade with the UK. What do mechanical and plant engineering companies need to anticipate?
Covid-19 Legal Consequences
The Covid 19 pandemic presents an exceptional situation for companies and employees as well as for suppliers and customers. Many legal questions still need to be answered, e.g. regarding the areas of labor law, contract law, and tax law. In addition, there are numerous legal requirements for travel activities and various quarantine regulations.
Home Office
For many employees, working in a home office is a completely new situation that has caught them very unprepared due to the pandemic. This raises a host of practical and legal issues.
Plant Engineering
Mechanical and plant engineering companies from all over Europe are involved in the VDMA. Mechanical engineering is a familiar term to many, but what characterizes plant engineering?

To the point

To the point

Auf den Punkt Zitat Legal

"The Supply Chain Act is a political fiasco."

Thilo Brodtmann, VDMA Executive Director

Auf den Punkt Zahl Legal

4,1

per cent decline in employment

in mechanical and plant engineering in Germany at the end of 2020.

Source: VDMA

Auf den Punkt Zusammenfassung Recht

Summary
Handout on supply chain due diligence law published
  • Handbook on Risk Analysis of the Federal Office of Export Control goes beyond the wording of the legal text.
  • The reporting obligation is to be fulfilled by answering a questionnaire. Questionnaire and further handouts are to be published in a timely manner.
  • The VDMA will continue to actively represent the interests of its member companies.

VDMA Focus-Topic

VDMA Focus-Topic

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Germany

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Europe and China

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Events

Fri. 02.12.22 Fri. 02.12.22

exclusive

  • Regional Subsidiary Central

Please note the date already today. As soon as the agenda is fixed and the invitation has been sent out, you can register for the event. All previously scheduled face-to-face events remain subject to Corona and can be offered at any time in Web Erfas with reduced event time.

Places available

Tue. 06.12.22 Tue. 06.12.22

exclusive

  • EU-Lobbying
  • EU Business Law
  • Law

The Commission adopted on 28 September 2022 proposals to adapt EU liability rules: a revision of the Product Liability Directive and a new AI Liability Directive. With these proposals the European Commission will substantially change EU liability rules. However, VDMA always believed the Product Liability Directive, thanks to its technology-neutral provisions, has created legal certainty while at the time allowing technological innovation.

Places available

Tue. 06.12.22 Tue. 06.12.22

exclusive

  • Compliance Management

On January 1, 2023, in a few weeks, the Supply Chain Sourcing Obligations Act (LkSG) will come into force.

Places available

Wed. 07.12.22 Wed. 07.12.22

  • Generel Terms and Conditions & Contract Law
  • Abroad - Common Law

Hardly any other area of law is as important in practice as the law governing general terms and conditions. If the general terms and conditions are effectively designed, they can be the basis of a contractual risk provision!

Places available

Wed. 07.12.22 Thu. 08.12.22

exclusive

  • Contract Management in Large Industrial Plant Manufacturing
  • Large Industrial Plant Manufacturing
  • Contract Law, International

This event is a high-level interactive exchange designed for executives and professionals in the large industrial plant manufacturing sector.

Places available

Thu. 08.12.22 Thu. 08.12.22

  • Regional Subsidiary North Rhine-Westphalia

Find out what developments there are in labor market policy and what the most important labor law aspects and decisions of recent months are.

Places available

Asset Publisher

Further VDMA Services
Your contact persons in the Legal Department
for legal issues in mechanical engineering - exclusively for our member companies

exklusiv

Our publications
Guides, leaflets, and more for our members: The "focus Recht" series and other publications from the Legal department address members' legal queries clearly and comprehensibly.
Newsletter Legal Department
The monthly legal update for the mechanical engineering industry - exclusively for member companies
Events
The Legal Department offers seminars and events for member companies covering current topics and legal queries, some of which are held in cooperation with the German Mechanical Engineering Institute (MBI).
VDMA Compliance Program
The VDMA promotes free and fair competition. In order to guarantee genuine and undistorted competition and legal security for members in their day-to-day association work, the VDMA is committed to a comprehensive compliance program.
Sample Contract/General Terms and Conditions
We provide sample contracts specific to the mechanical engineering sector as well as general terms and conditions for Germany and abroad - to ensure the legal protection of your business transactions.
Consulting, Information, Lectures
The legal department at the VDMA consists of a team of lawyers specializing in the capital goods industry. Here you will receive individualized legal input - competently, quickly and at no additional cost, tailor-made for the mechanical engineering sector.
Working Groups of the Legal Department
In our working groups, we share current information and enable specialist discussions. Topics covered by the working groups include plant construction law, labor law, compliance management and industrial property protection.

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Annual Report of the Legal Department
The current annual report of the Legal Department for 2021 has been published. Member companies can download it here.

Working groups/Committees

Working groups/Committees
Legal Committee
Contract Law Committee
The Contract Law Committee is a body of commercial lawyers from VDMA member companies that meets twice a year and deals with current problems of contract law in Germany and abroad. Among other things, this grouping oversees the VDMA terms and conditions in cooperation with the VDMA legal department.

Chair

Ulrich Kugler LL.M.

ANDRITZ HYDRO GmbH

Legal Working Group
DigitaLegis working group
The digitaLegis working group deals with the interface between digitization and law: In the course of the digitization of mechanical engineering, legal aspects are increasingly coming to the fore alongside a wide range of technical issues. The working group is intended to provide interested members with a platform for a targeted exchange of experience and to offer practice-oriented approaches for dealing with legal issues relating to digitization.

The aim of the working group is to
- To bring together interested companies to exchange experiences,
- to develop practical assistance,
- comment on current topics/legislative projects, and
- create awareness and transparency and provide information.

Participants
The working group is aimed at machine and plant manufacturers, operators, automation companies, etc. Participants are primarily lawyers, IT and technology managers, data protection officers, and product managers with a connection to Industrie 4.0 or data-oriented business models.

Chair

Dr. Christine Payer

Dürr Aktiengesellschaft

Legal Working Group
Working Group Labour Law
With a fixed group of participants, employment law problems and developments in the area of case law and legislation are discussed at regular intervals and positions are developed. The impact of digitalisation on the world of work and the associated challenges in terms of employment law are an important part of the format

Management

Fabian Seus

Legal Working Group
AK Compliance Management
With a fixed group of participants consisting of experienced compliance officers from the member companies, current topics from different areas of compliance management are discussed and guidelines are developed to support VDMA member companies in the implementation of legal compliance requirements.

Chair

Meinhard Remberg

SMS group GmbH

Management

Anette Binder

Legal Committee
Legal Committee
The VDMA Legal Committee is the traditional central body of the VDMA Legal Department, currently consisting of about 65 heads of legal departments of member companies. In the VDMA Legal Committee, legal topics relevant to mechanical engineering are discussed in a dedicated exchange, legal problems are identified and VDMA positions are co-drafted. The committee, which meets once a year, deals with ongoing topics (reform of the General Terms and Conditions) as well as current legal issues (digitalization, etc.) and offers members space for the important exchange of experience.

Chair

Dr. Jörg Kondring

Voith GmbH & Co. KGaA

Legal Committee
Public procurement
The Public Procurement Committee deals with fundamental issues of national and European public procurement law as well as the contract terms and conditions of public contracting authorities. This involves, among other things, the preparation of statements or participation in the amendments to the contracting regulations VOB and VOL. The VDMA positions are submitted to the public procurement committees and the federal ministries in charge. The committee meets twice a year.

Chair

Dipl.-Ing. (FH) Markus Janse

OSMA - Aufzüge

Legal Working Group
Industrial Property Rights Working Group
The Industrial Property Rights Working Group sees itself as an interdisciplinary body that addresses all topics of industrial property rights in mechanical engineering. The participants from the member companies consist of lawyers and technically experienced persons in charge (e.g. engineers from the patent departments, persons responsible for trademarks, etc.). The interdisciplinary approach ensures that all facets of mechanical engineering are represented. In addition to the development of samples and positions, the exchange of experience is the main component of the activities of the working group. The working group meets twice a year.

Chair

Dr. Stephan Wolke

thyssenkrupp AG

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Benefits for you as a member

Largest industry network in Europe

Around 3,500 primarily medium-sized member companies in the capital goods industry make the VDMA the largest industrial association in Europe and the most important network organization in the industry.

Strong representation of interests

The VDMA is the most important voice of the mechanical and plant engineering industry. It represents the common economic, technical and scientific interests of the industry in Germany and around the world.

A wide range of services

More than 500 VDMA employees worldwide support you with practical services to make the right decisions in your company - along the entire value chain.